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1st amendment cases
for test on 1/29
| Term | Definition |
|---|---|
| Snyder v. Phelps (2011) | Addressed the picketing/protects of military funerals by the Westboro Baptist Church; ruled in favor of the church, protecting the hateful speech as it was on public land and concerned public issues like homosexuality and the military |
| Miller v. California (1973) | Addressed the promotion of pornographic material which was considered obscenity; ruled against the operator of the graphic material, stating that obscene material is not protected by the 1st amendment |
| Texas v. Johnson (1989) | Addressed the argument of flag burning, protesting policies of the Reagan administration; ruled in favor of the flag burner, stating that it was symbolic speech and no one was harmed physically; the laws against flag desecration are unconstitutional |
| United States v. O'Brien (1968) | Addressed the burning of draft cards during the Vietnam War, defendant argued that it was symbolic speech; ruled against the draft card burner, claiming that they violated a reasonable law by destroying legal documentation |
| Tinker v. Des Moines (1969) | Addressed the student wearing of black armbands as a form of protest against the Vietnam War; ruled in favor of the students as it was a symbolic protest that did not disrupt the learning environment |
| Hazelwood v. Kuhlmeier (1988) | Addressed student journalism speaking of teen pregnancy and divorce, the principal finding the topics offensive and inappropriate, censoring the pages; ruled in favor of the school's decision, stating that schools can censor student speech if necessary |
| McCullen v Coakley (2014) | Addressed buffer zones around abortion clinics in Massachusetts to protect women from protesters; ruled in favor of the protesters as the buffer zones was on a public sidewalk and burdened free speech |
| Sante Fe v. Doe (2000) | Addressed delivering prayers over public address system before football games, Mormon and Catholic family found this offensive; ruled in favor of the families, stating that the public allowance of student-led prayer violates the Establishment Clause |
| What was the constitutional question of Snyder v. Phelps (2011)? | Does the 1st amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased? |
| What was the constitutional question of Miller v. California (1973)? | Is the sale and distribution of obscene materials by mail protected under the First Amendment's freedom of speech guaranteed? |
| What was the constitutional question of Texas v. Johnson (1989)? | Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the 1st amendment? |
| What was the constitutional question of United States v. O'Brien (1968)? | Was the law (forbidding the destruction of a draft card) an unconstitutional infringement of Obrien's freedom of speech? |
| What was the constitutional question of Tinker v. Des Moines (1969)? | Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the 1st amendment? |
| What was the constitutional question of Hazelwood v. Kuhlmeier (1988)? | Did the principal's deletion of the articles violate the students' rights under the 1st amendment? |
| What was the constitutional question of McCullen v. Coakley (2014)? | Were the buffer zones placed around abortion clinics an unconstitutional infringement upon the 1st amendment? |
| What was the constitutional question of Sante Fe v. Doe (2000)? | Does the Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment? |
Created by:
lesley_j
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